Mumbai Court October 1987 Judgments
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Mulji Manilal Kamdar Vs. Union of India (Uoi),
Court: Mumbai
Decided on: Oct-08-1987
Reported in: 1988(15)LC324(Bombay)
Pendse, J.1. This petition is companion to Writ Petition No. 697 of 1983 in which today we have delivered judgment. For the reasons recorded in that judgment, Mr. Vahanvati, learned Counsel appearing on behalf of the petitioners, did not prose the issues raised in this petition including the issue about payment of 5% special excise duty. Only contention urged by the learned Counsel is that the petitioners are entitled to the advantage of exemption notification dated February 18, 1982 issued by Government of India under Sub-rule (1) of Rule 8 of the Central Excise Rules, 1944 providing exemption of duty in respect of Polyvinyl chloride (PVC) from payment of excise duty in excess of 35% ad valorem. The learned Counsel submits that in view of the decision in the case of Century Enka Limited and Ors. v. Union of India and two Ors. reported in 1982 Excise Law Times 64 and in view of the decision in the companion petition, the petitioners are entitled to advantage of this exemption notificat...
Kanchalal Chandulal Parikh and Another Vs. Bank of India and Others
Court: Mumbai
Decided on: Oct-07-1987
Reported in: 1988(1)BomCR519; (1987)89BOMLR565; [1991]70CompCas528(Bom)
Bharucha, J. 1. The appeal is directed against the judgment and order of Penside J. decreeing the suit filed by the first respondent. 2. The facts that gave rise to file the suit, shortly stated, are these : The Ahmedabad Jupiter Spinning, Weaving and (the first defendant) applied for a loan of Rs. 25,00,000 to the Bank of India Ltd., in April, 1968. An advance was made in this sum on April 26, 1968, in what was called account No. 1 repayable on demand with interest as stated. On the same day, the following documents were executed. A demand promissory note was executed by the first defendant in favour of its directors, the second, third and fourth defendants, in the sum of Rs. 25,00,000 with interest as stated and the second, third and fourth defendants endorsed the promissory not e in favour of the Bank of India Ltd. Letters of continuing security and of lien and set off were executed. The second, third and fourth defendants executed a deed of guarantee in favour of the said bank. The...
Kanchanlal Chandulal Parikh and anr. Vs. Bank of India and ors.
Court: Mumbai
Decided on: Oct-07-1987
Reported in: AIR1988Bom40; 1988MhLJ184
Bharucha, J.1. The appeal is directed against the judgment and order of Pendse J.decreeing the suit filed by the 1 st respondent.2. The facts that gave rise to file the suit, shortly stated, are these :3. The Ahmedabad Jupiter Spinning, Weaving and . (the 1st defendant) applied for a loan of Rs. 25,000,00/- to the Bank of India Ltd. in April 1968. An advance was made in this sum on 26th April 1968 in what was called Account No. 1 repayable on demand with interest as stated. On the same day the following documents were executed. A demand promissory note was executed by the 1 st defendant in favour of its directors - the 2nd, 3rd and 4th defendants in the sum of Rs. 25,000,00/- with interest as stated and the 2nd, 3rd and 4th defendants endorsed the promissory note in favour of the Bank of India Ltd. Letters of continuing security and of lien and set off were executed. The 2nd, 3rd and 4th defendants executed a deed of guarantee in favour of the said Bank. The 5th defendant, the State of...
In Re: Jay KevIn Salerno
Court: Mumbai
Decided on: Oct-07-1987
Reported in: AIR1988Bom139; 1988(2)BomCR239; (1987)89BOMLR521
ORDER1. In this petition the minor Pooja was abandoned by her natural mother in the care of Bal Asha Trust, Grand Paradi, R.H. No. 11, August Kranti Marg, Bombay-36. This institution is not recognised for an inter-country adoption. Hence the Hon. Secretary of Bal Asha Trust by her letter dt. 17-6-1987 requested St. Joseph's Home and Nursery to admit the minor to that institution for the purpose of inter-country adoption. Information regarding the child was also forwarded to the Superintendent of St. Joseph's Home and Nursery situated at Byculla, Bombay-400008. This institution is recognised for inter-country adoption.2. After the child was accepted and registered with St. Joseph's Home, the child was kept a t a private nursing home known as Malika Nursing Home, Kol Dohgri, Urmila Building, Andheri (East), Bombay-400069 for better care. The child was thus not physically kept at St. Joseph's Home. The Superintendent of St. Joseph's Home Sr. Rohini Fernandes has however, made an affidavit...
Jawahar Jaisingh Thakkar Vs. Abdul Rehman Antulay
Court: Mumbai
Decided on: Oct-07-1987
Reported in: (1987)89BOMLR483
S.C. Pratap, J.1. The subject matter of these contempt petitions moved by a practising advocate are two published interviews of A.R. Antulay, former Chief Minister of this State - one in the issue dated March 10, 1984 of 'Current' (a weekly) and the other in the March 1984 issue of 'Gentleman' a monthly magazine.2. Forceful arguments were advanced on either side and the same were heard in extenso. A number of authorities were also cited. Extensive research was the hall-mark of the professional performance in Court.3. Our considered conclusion is that while the overwhelming part of the impugned interviews do not in the least invite any breach of the law of contempt, the same cannot with equal confidence be said of a few sharp answers to some questions. These answers could as well have been modulated downwards to neutralise the risk and consequence thereof under the law of contempt. But if, as submitted, the impugned interviews were not pre-verified publications and, therefore, not neces...
Ashok Traders Vs. Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Oct-07-1987
Reported in: 1988(14)LC12(Bombay)
Pendse, J.1. The petitioner is a proprietory firm carrying on business, inter alia of importing goods. On February 26, 1983 the petitioner imported 51 Metric Tonnes of High Density Poiythelene Moulding Powder (HDPE) from Avin Exports Inc. and the c.i.f. value was 670 American Dollars per metric tonne. The goods landed in Bombay Port and the petitioner filed three bills of entries on February 26, 1983. In respect of import of HDPE the basic customs duty payable was 50% while auxiliary duty was 25%. The additional or countervailing duty was at the rate of 42%. The petitioner has no dispute, in respect of the basic rate of Customs duty and auxiliary duty, but the petitioner complains about the rate of countervailing duty and also the manner in which the assessable value of the imported goods is ascertained for the purpose of payment of countervailing duty. The petitioner has raised four contentions filed under Article 226 of the Constitution in this petition and we will set out those cont...
Manohar Shivram Swami Vs. Mahadeo Guruling Swami and ors.
Court: Mumbai
Decided on: Oct-06-1987
Reported in: AIR1988Bom116; 1987(3)BomCR515; 1987MhLJ1118
1. This is a plaintiff's second appeal. The facts, so far as they are material for the disposal of this second appeal, are these: Plaintiff-appellant Manohar is one Shivram's son. This Shivram had two other brothers by name Hari and Vithu. Defendant No. 1 -- Respondent No. 3 Dhondubai and one Dattu were the two issues of Hari. Defendants Nos. 2 to 5 (Respondents Nos. 1, 2, 4 and 5) are sons of Vithu. The properties in disputes consist of land and a house. All these properties originally belonged to Dattu. Bya will dated 13th June, 1962 he bequeathed them to the plaintiff. The properties vested in the plaintiff for good on the death of Dattu in 1966. The plaintiff executed a sale deed in respect of these properties in favour of defendant No. 1 on 22nd June, 1968. It appears that the parties are Jangams by caste. One of the vendees' covenant is :'If it is necessary to transfer the aforesaid property by any instrument, I shall transfer it into your Jangam family and not to others. The pro...
Krishna Parshuram Talashilkar Vs. Krishnarao Dodhunadh Khare and ors.
Court: Mumbai
Decided on: Oct-06-1987
Reported in: (1993)IIILLJ190Bom
Kantharia, J.1. By this writ petition under Article 226 of the Constitution of India, the petitioner-workman challenges an order dated 11th March, 1985 (Exh.F to the petition) made by the Deputy Commissioner of Labour (Conciliation), Bombay District, Bombay, refusing to refer an industrial dispute with regard to the demand of the petitioner for his reinstatement with continuity of service and back wages. 2. The impugned order reads as under.'No. CL/IDE/AJD/2A/K-865(84)By.II A, Office of the Commissioner of Labour, Commerce Centre, Tardeo, Bombay-34. 11 March, 1985. From Shri K.D. Khare, The Dy. Commissioner of Labour (Con.), Bombay. To The Partner, The King Printing Press, 4/5, Crescent Chambers, Homi Modi Cross Lane, Fort, Bombay-23. Shri Krishna P. Talashilkar, C/o. Mumbai Kamgar Sabha, Nagindas Chambers, 167, P. D'Mello Road, Bombay-38. Subject:- Dispute between M/s. King Printing Press and Shri Krishna P. Talashilkar who was employed under it, over the latter's demand for rein...
Sushil Kishore Premchand Vs. Twelfth Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Oct-05-1987
Reported in: (1988)26ITD285(Mum.)
1. These are three appeals -two by the assessee and one by the department- relating to the assessment year 1980-81. These were heard together and are disposed of by a consolidated order.2. The accounting year of the assessee is 31-3-1980. During this accounting year, the assessee became a partner in a firm of MIs.Premchand Roychand & Sons with effect from 22-10-1979 which was the beginning of S.Y. 2036. This fact was incorporated in the partnership deed dated 21-6-1979. By way of capital for being admitted as a partner, he brought in the property in the form of land and building known as Madhukunj situated at Narayan Dabolkar Road and costing Rs. 6,53,881 which included the cost of tubewell, electric lift and furniture. In the first assessment completed on 12-9-1983, the ITO held that the introduction of an asset in the form of a property as capital contribution in a firm amounted to a transfer within the meaning of Section 2(47) of the IT Act. The ITO, therefore, brought to tax c...
Sindhu Diwakar Dabholkar Vs. B.N. Dongre and ors.
Court: Mumbai
Decided on: Oct-05-1987
Reported in: (1987)89BOMLR525; (1993)IIILLJ589Bom
H.H. Kantharia, J. 1. Simple but substantial law point that I am called upon to construe here is the proviso to Clause (b) of Sub-section (2) of Section 33 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').2. The petitioner was employed as a Punch Operator since February 1971 by the second respondent, M/s. Tata Consultancy Services, a Division of Tata Sons Ltd., Nariman Point, Bombay 400 021. She was charge-sheeted by a memo, dated 27th June, 1983 on the allegations that she remained absent without permission continuously from 31st March, 1983 to 12th June, 1983 which constituted a serious misconduct under Model Standing Orders 24(f) and 24(1). Subsequently, a departmental enquiry was held against her and by an order dated 18th August, 1983, her services were terminated on the basis of the findings arrived at by the Enquiry Officer, holding her guilty of the misconduct alleged. On the same day, the Company filed an application before the Industrial Tribunal, B...
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